Victor Mendoza-Grado v. San Mateo County

CourtDistrict Court, N.D. California
DecidedNovember 3, 2025
Docket3:24-cv-09227
StatusUnknown

This text of Victor Mendoza-Grado v. San Mateo County (Victor Mendoza-Grado v. San Mateo County) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Victor Mendoza-Grado v. San Mateo County, (N.D. Cal. 2025).

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 VICTOR MENDOZA-GRADO, Case No. 24-cv-09227-AMO

8 Plaintiff, ORDER GRANTING MOTION TO DISMISS v. 9 Re: Dkt. No. 21 10 SAN MATEO COUNTY, Defendant. 11

13 14 Self-represented Plaintiff Victor Mendoza-Grado asserts a claim under 42 U.S.C. § 1983 15 for violation of his rights under the 14th Amendment to equal protection and due process and a 16 state law claim for malicious prosecution against San Mateo County. The County moves to 17 dismiss Mendoza-Grado’s complaint. Because the motion was fully briefed and suitable for 18 disposition on the papers pursuant to Civil Local Rule 7-1(b), the Court vacated the hearing on the 19 motion on June 4, 2025. Having considered the papers filed by the parties, and the relevant legal 20 authority, the Court GRANTS the motion for the reasons set forth below. 21 I. BACKGROUND 22 A. Factual Background1 23 Mendoza-Grado alleges that he was attacked by two off-leash dogs in his apartment 24 complex’s recreational area on April 18, 2021. Complaint (“Compl.”) (ECF 1) ¶ 6. He had to 25 fend off the attacking dogs with a towel and was met with profanity and a death threat from 26 1 This factual background is based on the well-pleaded allegations in the complaint, which are 27 taken as true and viewed in the light most favorable to Mendoza-Grado for the purpose of the 1 individuals in the vicinity when he used force to make the dogs retreat. Id. ¶¶ 7-10. At some 2 point, police from the Foster City Police Department arrived on scene, and the responding officer 3 handcuffed Mendoza-Grado, without hearing his side of the story, after the dog’s owners accused 4 him of threatening them with a knife. Id. ¶¶ 14-17. Mendoza-Grado alleges that the responding 5 officer, who the complaint calls Riles, assured Mendoza-Grado that there was no evidence against 6 him, but Mendoza-Grado believes he was arrested because there “was some affinity with the 7 accuser . . . the accuser and his two sisters and the officer were from the same blonde phenotype.” 8 Id. ¶ 19. According to Mendoza-Grado, a detective later assigned to the case “did not seem to 9 give importance to [it].” Id. ¶ 21. 10 Mendoza-Grado also alleges that his court-appointed attorney, Jeff B. Hayden, failed to 11 effectively communicate with him, by not returning his calls or responding to notes Mendoza- 12 Grado mailed to Hayden’s address. Id. ¶ 23. Mendoza-Grado asserts that Hayden “pushed 13 [Mendoza-Grado] to take the plea deal” for the charges pertaining to the incident with the dog 14 owners in 2021. Id. ¶ 24. He alleges that Foster City police officer Riles made him feel racially 15 profiled, “with no civil rights at all,” that the process generally deprived him of his right to due 16 process and equal protection under the 14th Amendment, and that Hayden, Riles, the detective 17 assigned to the case, and other officers at the facility where he was initially detained treated him 18 “as [though he] did not have civil rights.” Id. at 5, 6. He alleges that Riles wanted him “to be 19 prosecuted from the start, one way or another.” Id. at 6. He alleges that Riles, Hayden and the 20 detective assigned to the case are “members of the county court system” who “contributed to a 21 very false police report becoming a malicious prosecution legal case.” Id. at 6. Mendoza-Grado 22 alleges that Hayden kept him out of the loop and did not take his side, “elevat[ing] the accuser to a 23 veritable victim and embolden[ing] him to continue his vindictive malicious prosecution.” Id. at 24 6. 25 Based on these allegations, Mendoza-Grado brings a § 1983 claim for violation of his right 26 to due process and equal protection under the 14th Amendment and a state law claim for malicious 27 1 prosecution. Id. at 5.2 Id. He seeks $1.44 million in compensatory damages for losing his job and 2 other opportunities that became unavailable due to his record, which “essentially represent[ed] the 3 death of [his] dynamic professional career.” Id. at 7-8. Mendoza-Grado seeks an additional $1.44 4 million in punitive damages for emotional trauma and anxiety. Id. at 8. 5 B. Procedural Background 6 Mendoza-Grado filed his complaint in this action on December 19, 2024. Compl. The 7 County initially moved to dismiss the complaint on April 9, 2025. Motion to Dismiss (ECF 17). 8 It filed a corrected motion to dismiss on April 14, 2025. Corrected Motion to Dismiss (ECF 21). 9 Mendoza-Grado filed his opposition to the motion on April 28, 2025. Opposition to Motion to 10 Dismiss (ECF 22). The County’s reply followed on May 2, 2025. Reply in Support of Motion to 11 Dismiss (ECF 23). 12 II. LEGAL STANDARD 13 A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) tests the legal 14 sufficiency of the claims alleged in the complaint. Ileto v. Glock, 349 F.3d 1191, 1199-1200 (9th 15 Cir. 2003). To overcome a Rule 12(b)(6) motion to dismiss, the factual allegations in the 16 plaintiff’s complaint “ ‘must . . . suggest that the claim has at least a plausible chance of 17 success.’ ” Levitt v. Yelp! Inc., 765 F.3d 1123, 1135 (9th Cir. 2014) (quoting In re Century 18 Aluminum Co. Sec. Litig., 729 F.3d 1104, 1107 (9th Cir. 2013) (alterations in original)). In ruling 19 on a Rule 12(b)(6) motion, courts “accept factual allegations in the complaint as true and construe 20 the pleadings in the light most favorable to the nonmoving party.” Manzarek, 519 F.3d at 1031. 21 “[A]llegations in a complaint . . . may not simply recite the elements of a cause of action, 22 but must contain sufficient allegations of underlying facts to give fair notice and to enable the 23 opposing party to defend itself effectively.” Levitt, 765 F.3d at 1135 (quoting Starr v. Baca, 652 24 F.3d 1202, 1216 (9th Cir. 2011)). The court may dismiss a claim “where there is either a lack of a 25 cognizable legal theory or the absence of sufficient facts alleged under a cognizable legal claim.” 26 2 The Court liberally construes Mendoza-Grado’s allegations as bringing the malicious 27 prosecution claim under California law because he refers to VF-1500 in his complaint, which 1 Hinds Invs., L.P. v. Angioli, 654 F.3d 846, 850 (9th Cir. 2011) (citing Johnson v. Riverside 2 Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir. 2008)). “[T]he non-conclusory ‘factual 3 content’ and reasonable inferences from that content must be plausibly suggestive of a claim 4 entitling the plaintiff to relief.” Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). 5 Complaints filed by unrepresented litigants should be liberally construed in their favor and 6 leave to amend should be granted unless it is clear the defect cannot be corrected. Lopez v. Smith, 7 203 F.3d 1122, 1131 (9th Cir. 2000). 8 III. DISCUSSION 9 A. Section 1983 Claim 10 A claim § 1983 requires that a “person” acting “under color of” state law deprived another 11 of their rights under the United States Constitution. Health & Hosp. Corp. of Marion Cnty. v. 12 Talevski, 599 U.S. 166, 175 (2023). Local governments, including counties, are persons for 13 purposes of § 1983 claim. Monell v. Dept. of Soc. Services of City of New York, 436 U.S. 658, 690 14 (1978).

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Victor Mendoza-Grado v. San Mateo County, Counsel Stack Legal Research, https://law.counselstack.com/opinion/victor-mendoza-grado-v-san-mateo-county-cand-2025.